To enact section 2307.63 of the Revised Code to regulate the transmission of electronic mail advertisements.

Section 1. That section 2307.63 of the Revised Code be enacted to read as follows:

Sec. 2307.63.  (A) As used in this section:

(1) "Advertisement" has the same meaning as in section 4931.55 of the Revised Code.

(2) "Computer," "computer network," "computer program," "computer services," and "telecommunications device" have the same meanings as in section 2913.01 of the Revised Code.

(3) "Electronic mail" means an electronic message that is transmitted between two or more telecommunications devices or electronic devices capable of receiving electronic messages, whether or not the message is converted to hard copy format after receipt, and whether or not the message is viewed upon the transmission or stored for later retrieval. "Electronic mail" includes electronic messages that are transmitted through a local, regional, or global computer network.

(4) "Electronic mail advertisement" means electronic mail containing an advertisement.

(5) "Electronic mail service provider" means any person that is an intermediary in sending and receiving electronic mail and that provides to users of electronic mail services the ability to send or receive electronic mail. "Electronic mail service provider" includes an internet service provider.

(6) "Internet" has the same meaning as in section 341.42 of the Revised Code.

(7) "Originating address" means the string of characters used to specify the source of any electronic mail message.

(8) "Receiving address" means the string of characters used to specify a recipient.

(9) "Recipient" means a person who receives an electronic mail advertisement at any of the following addresses:

(a) A receiving address furnished by an electronic mail service provider that bills for furnishing and maintaining that receiving address to a mailing address within this state;

(b) A receiving address ordinarily accessed from a computer located within this state;

(c) A receiving address ordinarily accessed by a person domiciled within this state;

(d) Any other receiving address with respect to which the obligations imposed by this section can be imposed consistent with the United States Constitution.

(B)(1) Except as otherwise provided in division (F) of this section, a person that transmits or causes to be transmitted to a recipient an electronic mail advertisement shall clearly and conspicuously provide to the recipient, within the body of the electronic mail advertisement, both of the following:

(a) The person's name and complete residence or business address and the electronic mail address of the person transmitting the electronic mail advertisement;

(b) A notice that the recipient may decline to receive from the person transmitting or causing to be transmitted the electronic mail advertisement any additional electronic mail advertisements for a twelve-month period and a detailed procedure for declining to receive any additional electronic mail advertisements for that period.

(2) If the recipient of an electronic mail advertisement uses the procedure contained in the notice described in division (B)(1)(b) of this section to decline to receive any additional electronic mail advertisements for a twelve-month period, the person that transmitted or caused to be transmitted the original electronic mail advertisement, within a reasonable period of time, shall cease transmitting or causing to be transmitted to the recipient any additional electronic mail advertisements for a twelve-month period.

(C) No electronic mail service provider shall be liable for transmitting another person's electronic mail advertisement through its service in violation of the Revised Code, or shall be liable for any action it voluntarily takes in good faith to block the receipt or transmission through its service of any electronic mail advertisement that it believes is, or will be sent, in violation of the Revised Code.

(D) If a person transmits or causes to be transmitted an electronic mail advertisement in violation of division (B) of this section, the recipient of the electronic mail advertisement may bring a civil action against that person to enforce that division. The recipient may recover both of the following in the civil action:

(1) Actual damages or damages of one hundred dollars per electronic mail advertisement received in violation of division (B) of this section, whichever is greater;

(2) Reasonable attorney's fees, court costs, and other costs of bringing the action.

(E) In addition to any recovery that is allowed under division (D) of this section, the recipient of an electronic mail advertisement transmitted in violation of division (B) of this section may apply to the court of common pleas of the county in which the recipient resides for an order enjoining the person who transmitted or caused to be transmitted that electronic mail advertisement from transmitting or causing to be transmitted to the recipient any additional electronic mail advertisement within the applicable twelve-month period.

(F) A person does not violate division (B) of this section, is not liable to a recipient in a civil action under division (D) of this section, and is not subject to being enjoined under division (E) of this section if the person transmits or causes to be transmitted to the recipient an electronic mail advertisement when either of the following applies:

(1) The person has a preexisting business or personal relationship with the recipient.

(2) The recipient has expressly consented or has agreed as a condition of service to receive the electronic mail advertisement.

(G) No person shall use a computer, a computer network, a computer program, or the computer services of an electronic mail service provider with the intent to forge an originating address or other routing information, in any manner, in connection with the transmission of an electronic mail advertisement through or into the network of an electronic mail service provider or its subscribers. Each use of a computer, a computer network, a computer program, or the computer services of an electronic mail service provider in violation of this division constitutes a separate offense. A person who violates this division is guilty of forgery under section 2913.31 of the Revised Code.